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ELCDismissedELC Case No. E104 of 2022

Mohamed Sheikh Abdulrahim Al-Maddy v Mohamed Ali, Abdalla Ali, Faiz Ali Taib, Nabhan Swaleh Salim & The Land Registrar Mombasa

Environment and Land Court of Kenya
24 September 2026
2,444 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed a trustee's land claim because he never owned the property and had signed the very documents he called fraudulent.

What this practically means

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Executive summary

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The plaintiff, claiming to be the founding trustee of Masjid Hudaa and Madrasstul Hudaa (Spaki) Trust and owner of Title No. Mombasa Block XI/129 and its resultant subdivisions and amalgamations, sued the 1st–4th defendants and the Land Registrar Mombasa. He sought a permanent injunction, a declaration that he was the rightful surviving trustee with adoption of his appointed co-trustees, surrender of original titles, rectification of the land registers, cancellation of title deeds issued to the 1st and 2nd defendants, and suspension of dealings over the suit properties. He alleged the defendants fraudulently removed him as trustee, irregularly sub-divided and sold the land, and that the registrar negligently facilitated these dealings. The 1st–4th defendants denied the claim, asserting the land belonged to the mosque, that the plaintiff signed all the impugned documents, and that his removal followed the Trust Deed of 01.05.1988 by majority decision. The registrar made a general denial. At trial the plaintiff was the sole witness for his side; the 2nd defendant and the registrar testified for the defence. The court framed six issues and found: the plaintiff was never the owner, the property having been acquired and transferred to trustees for the mosque; no fraud was proved since a forensic document examiner confirmed the plaintiff signed the disputed documents and his excuse of not reading them was rejected; his removal as trustee under the 1988 Trust Deed, which bore his confirmed signature, was not shown to be irregular; and the registrar committed no negligence in registering unimpeached transactions. The suit was dismissed with costs to all five defendants under Section 27 of the Civil Procedure Act.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the plaintiff was the owner or registered proprietor of parcel 129
  2. 2.Whether the 1-4 defendants had illegally and fraudulently sub-divided parcel 129 and sold and transferred some of the resultant subdivisions
  3. 3.Whether the plaintiff was irregularly or fraudulently removed as a trustee
  4. 4.Whether the 5th defendant acted negligently in the execution of his duties
  5. 5.Whether the plaintiff is entitled to the reliefs sought in the suit
  6. 6.Who shall bear the costs of the suit

Key legal issues

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01

Whether the plaintiff was owner or registered proprietor of parcel 129

Holding

The plaintiff was never the owner; the property was acquired and held in trust for the mosque

Reasoning

The letter of protest was addressed to the mosque, the memorandum of sale listed the plaintiff and another as purchasers on behalf of the mosque, and the transfer instrument vested parcel 129 in three named trustees in trust for the mosque. The plaintiff conceded in cross-examination that acquisition negotiations and purchase were done on behalf of the mosque.

p. 8
02

Whether the 1st–4th defendants fraudulently sub-divided and dealt with parcel 129

Holding

No fraud established; the plaintiff himself executed the impugned documents

Reasoning

A forensic document examiner confirmed the plaintiff signed the disputed sale agreements and transfer instruments. His excuse that he signed without reading or understanding the documents was rejected as neither credible nor reasonable, the court noting the seriousness of alleging fraud while disowning one's own signed documents.

p. 9
03

Whether the plaintiff was irregularly or fraudulently removed as trustee

Holding

Removal by majority of trustees under the Trust Deed dated 01.05.1988 was not shown to be irregular or fraudulent

Reasoning

The plaintiff disputed the 1988 Trust Deed and denied signing it, but the forensic document examiner confirmed his signature. Having failed to impeach the deed, he could not discharge the burden of proving his removal was irregular, since the removal was effected by a majority of trustees pursuant to that deed.

p. 10
04

Whether the 5th defendant (Land Registrar) acted negligently

Holding

No negligence; the registrar merely performed statutory duties on transactions not impeached

Reasoning

Since neither fraud in the dealings nor irregularity in the plaintiff's removal was established, the transactions registered by the registrar stand unimpeached. A registrar cannot be liable in negligence for executing statutory duties in respect of transactions the court has not set aside.

p. 10

Legal principles established

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  • Costs follow the event under the proviso to Section 27 of the Civil Procedure Act unless the court has good reason to depart from that rule
  • A person who signs a document without reading it cannot on that basis alone invalidate the document or escape its effect
  • Only a person with an interest in property can complain of fraudulent dealings with it; a non-owner lacks standing to challenge subdivision and transfer

Court orders

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  1. 1.The plaintiff's suit is dismissed with costs to the 1st – 5th defendants

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land and trusts relating to land (Article 162(2)(b) Constitution; ELC Act)

Relief refused

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Permanent injunction restraining the 1st–4th defendants from interfering with the suit properties

Plaintiff failed to prove his claim; he was not the owner of parcel 129

Declaration of plaintiff as rightful surviving trustee and adoption of his appointed co-trustees

Plaintiff failed to prove he was irregularly or fraudulently removed as trustee

p. 10

Orders for surrender of original titles, cancellation of defendants' names, rectification of registers and cancellation of title deeds

No fraud or negligence established against any defendant

p. 9

Costs

Costs of the suit awarded to the 1st – 5th defendants, costs following the event under the proviso to Section 27 of the Civil Procedure Act (Cap 21)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

There is no time at which the Plaintiff held or was to hold parcel 129 as his own property.
p. 8ownership of trust property
It is a serious matter to accuse a man of fraud and later on claim that you were mistaken because you did not read or understand the contents of some important documents you signed.
p. 9allegations of fraud and signed documents
The fact that he may not have bothered to peruse it before signing it would not necessarily render it invalid.
p. 10effect of signing without reading
there can be no finding of negligence on the part of the 5 th defendant for simply executing his statutory duties with respect to transactions which have not been impeached by the court.
p. 10registrar's liability
Consequently, the plaintiff’s suit is hereby dismissed with costs to the 1st – 5th defendants. It is so decided.
p. 11disposition

Issues in the judgment

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minor

Judgment dated and delivered at Thika although the cause is in the Environment and Land Court at Mombasa

minor

Submissions dates (2026) post-date a 2022 filing by four years, suggesting possible typographical error

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mohamed Sheikh Abdulrahim Al-Maddy v Mohamed Ali, Abdalla Ali, Faiz Ali Taib, Nabhan Swaleh Salim & The Land Registrar Mombasa", Case Analysis (2026). ELC Case No. E104 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5752/eng@2026-09-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.